CAT Lets Removed Postal Assistant Withdraw Earlier Case, With Liberty To Challenge Her Removal In A Fresh Application

The applicant, a Postal Assistant under suspension, had filed the O.A. challenging Annexures A7 and A8. During its pendency, the respondents informed the Tribunal that the disciplinary inquiry had concluded and the applicant had been removed from service with effect from 9 June 2025.

The applicant’s counsel then stated that her appeal against removal had been rejected and her revision remained pending. Counsel sought permission to withdraw the O.A., with liberty to challenge the subsequent orders in fresh proceedings. The Tribunal noted that the O.A. also challenged the suspension order and charge memo, including on grounds of legal malice.

The Tribunal cited no statute, rule, or precedent.

It applied the procedural principle that an applicant may be permitted to withdraw an original application without prejudice to the right to bring a fresh proceeding on the subsequent orders in question.

The inquiry had concluded and the applicant had been removed from service after filing the O.A.; her appeal had also been declined, while her revision remained pending.

In light of these subsequent developments, counsel sought withdrawal so that the applicant could challenge the orders culminating in removal in fresh proceedings. Because the existing O.A. also raised challenges to the suspension and charge memo, including an allegation of legal malice, the Tribunal granted the requested liberty rather than adjudicating those matters in the withdrawn proceeding.

No costs were ordered.